Nabil Hadjarab
| place_of_birth = Aentaya, Algeria | date_of_arrest = December 15, 2001 | place_of_arrest= | arresting_authority= | date_of_release = | place_of_release= | date_of_death = | place_of_death = | citizenship = | detained_at = Guantanamo | id_number = 238 | group = | alias = | charge = No charge (extrajudicial detention) | penalty = | status = Still held in Guantanamo | csrt_summary = | csrt_transcript= | occupation = | spouse = | parents = | children = }} Nabil Hadjarab is a citizen of Algeria, held in extrajudicial detention in the United States Guantanamo Bay detainment camps, in Cuba. Hadjarab's Guantanamo Internment Serial Number is 238. The Department of Defense reports that he was born on July 21, 1979, in Aentaya, Algeria. As of May 6, 2010, Nabil Hadjarab has been held at Guantanamo for eight years three months. Combatant Status Review Tribunal s were held in a 3 x 6 meter trailer. The captive sat with his hands cuffed and feet shackled to a bolt in the floor.Inside the Guantánamo Bay hearings: Barbarian "Justice" dispensed by KGB-style "military tribunals", Financial Times, December 11, 2004 Three chairs were reserved for members of the press, but only 37 of the 574 Tribunals were observed. ]] Initially the Bush administration asserted that they could withhold all the protections of the Geneva Conventions to captives from the war on terror. This policy was challenged before the Judicial branch. Critics argued that the USA could not evade its obligation to conduct a competent tribunals to determine whether captives are, or are not, entitled to the protections of prisoner of war status. Subsequently the Department of Defense instituted the Combatant Status Review Tribunals. The Tribunals, however, were not authorized to determine whether the captives were lawful combatants -- rather they were merely empowered to make a recommendation as to whether the captive had previously been correctly determined to match the Bush administration's definition of an enemy combatant. Summary of Evidence memo A Summary of Evidence memo was prepared for Nabil Said Hadjarab's Combatant Status Review Tribunal, on 18 September 2004. The memo listed the following allegations against him: Transcript Hadjarab chose to participate in his Combatant Status Review Tribunal. On March 3, 2006, in response to a court order from Jed Rakoff the Department of Defense published a three page summarized transcript from his Combatant Status Review Tribunal. Administrative Review Board hearing | pages=1 | author=Spc Timothy Book | date=Friday March 10, 2006 | accessdate=2007-10-10 |archiveurl=http://commons.wikimedia.org/wiki/File:TheWire-v6-i049-10MAR2006.pdf |archivedate=2009-08-26}}]] Detainees who were determined to have been properly classified as "enemy combatants" were scheduled to have their dossier reviewed at annual Administrative Review Board hearings. The Administrative Review Boards were not authorized to review whether a detainee qualified for POW status, and they were not authorized to review whether a detainee should have been classified as an "enemy combatant". They were authorized to consider whether a detainee should continue to be detained by the United States, because they continued to pose a threat—or whether they could safely be repatriated to the custody of their home country, or whether they could be set free. First annual Administrative Review Board A Summary of Evidence memo was prepared for Nabil Hadjarab's first annual Administrative Review Board, on 6 July 2005. The memo listed factors for and against his continued detention. The following primary factors favor continued detention The following primary factors favor release or transfer Second annual Administrative Review Board A Summary of Evidence memo was prepared for Nabil Hadjarab's second annual Administrative Review Board, on 7 April 2006. The memo listed factors for and against his continued detention. Hadjarab v. Bush A habeas corpus petition was filed on behalf of Nabil Hadjarab. In September 2007 the Department of Justice published dossiers of unclassified documents arising from the Combatant Status Review Tribunals of 179 captives. His documents were not among those the Department of Defense published. Military Commissions Act The Military Commissions Act of 2006 mandated that Guantanamo captives were no longer entitled to access the US civil justice system, so all outstanding habeas corpus petitions were stayed. mirror Boumediene v. Bush On June 12, 2008 the United States Supreme Court ruled, in Boumediene v. Bush, that the Military Commissions Act could not remove the right for Guantanamo captives to access the US Federal Court system. And all previous Guantanamo captives' habeas petitions were eligible to be re-instated. The judges considering the captives' habeas petitions would be considering whether the evidence used to compile the allegations the men and boys were enemy combatants justified a classification of "enemy combatant". mirror Reinitiation On July 18, 2008 Danielle R. Voorhees filed a status report on Civil No. 05-CV-1504 on behalf of Nabil Hadjarab (ISN 238). mirror References External links * Nabil Hadjarab, an Algerian in Guantánamo, Appeals to President Sarkozy to Allow Him to Rejoin His Family in France Andy Worthington, September 10, 2010 * Nabil Hadjarab - “Brilliant artist, keen footballer, sweet kid.” Reprieve * Nabil Hadjarab Reprieve Category:Living people Category:People held at the Guantanamo Bay detention camp Category:Algerian extrajudicial prisoners of the United States Category:1979 births Category:Algerian people